Wevenda — Terms of Service

Version 1.1
Effective date: September 30, 2026
Last updated: September 30, 2026

Read these terms carefully. They govern your use of Wevenda and contain important information about your legal rights, remedies and obligations, including limitations of liability, disclaimers, an indemnity, and provisions governing how disputes are resolved.

1. Introduction

Wevenda is an online platform owned and operated by Climbware Corporation (“Wevenda”, “we”, “us”, “our”), a corporation based in Ontario, Canada, that allows individuals and businesses seeking services (“Clients”) to post service requests, and allows independent service providers (“Vendors”) to discover those requests and purchase access to contact a Client.

These terms and all policies posted on the Wevenda website and mobile applications (this “Agreement”) set out the terms on which we offer you access to and use of our site, applications, services and tools (collectively, the “Wevenda Services”).

In this Agreement, “we”, “us”, and “our” refer to Wevenda and its affiliates and our and their respective directors, officers, employees, contractors and agents. “You” and “your” refer to any person who views, accesses or uses the Wevenda Services, whether as a Client, a Vendor, or both.

WEVENDA IS A TECHNOLOGY PLATFORM AND NOTHING MORE. WEVENDA IS NOT A CONTRACTOR, TRADESPERSON, SERVICE PROVIDER, EMPLOYER, EMPLOYMENT AGENCY, BROKER, AGENT, DEALER, ADVISOR, INSURER, OR PARTY TO ANY AGREEMENT BETWEEN A CLIENT AND A VENDOR. WE DO NOT PERFORM, SUPERVISE, DIRECT, CONTROL, SCHEDULE, PRICE, GUARANTEE, WARRANT OR INSURE ANY SERVICE OFFERED OR PERFORMED THROUGH THE WEVENDA SERVICES. WE HAVE NO CONTROL OVER THE CONDUCT, QUALIFICATIONS, LICENSING, INSURANCE, SOLVENCY, HONESTY, WORKMANSHIP OR SAFETY OF ANY CLIENT OR VENDOR, AND WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY LAW.

By accessing or using the Wevenda Services, you agree that this Agreement as then in force applies to you. Before you can post a service request, purchase Credits or pay a Lead Access Fee, you must accept this Agreement and acknowledge the Privacy Policy through an electronic click-through, and we keep a record of that acceptance as described in the Privacy Policy. When we make a material change to this Agreement, we will ask you to accept the new version before you can continue to do those things. If you do not agree to be bound by this Agreement, you may not use the Wevenda Services and must immediately delete your account.

If you accept this Agreement on behalf of an entity, including a corporation, partnership, sole proprietorship, joint venture or association, you represent and warrant that you are authorized to act on behalf of that entity and to bind it to this Agreement.

2. Eligibility and accounts

To use the Wevenda Services you must be at least 18 years of age and have reached the age of majority in your jurisdiction of residence. The Wevenda Services are not directed to, and may not be used by, anyone under 18.

The Wevenda Services are offered in Canada and the United States, and only in the areas within them where we make the Wevenda Services available from time to time. The Wevenda Services are not currently offered in the Province of Quebec: you may not register an account if you reside in Quebec, and service requests may not be posted for services to be performed in Quebec. Service requests may be posted only for services to be performed in such an area. We may add, withdraw or restrict any country, province, state or area at any time. You are responsible for complying with the laws of the place where you reside and where any service is to be performed.

To access most features you must register an account (a “Wevenda Account”) using a valid mobile phone number and any other information we require. You represent and warrant that:

you have the legal capacity and authority to enter into a binding agreement;
all information you supply is true, accurate, current and complete, and you will keep it that way;
you will safeguard your account credentials and are solely responsible for all activity occurring under your Wevenda Account, whether or not authorized by you;
you will not create more than one Wevenda Account of the same type, or register an account on behalf of another individual without authority.

We may verify any information you provide, by ourselves or through third-party verification services, at any time. We may refuse, suspend or terminate any account at our sole discretion.

If you become aware of any suspected or actual unauthorized use of your Wevenda Account, you must notify us immediately at support@wevenda.com.

3. What Wevenda does, and what it does not do

3.1 The service we provide

Clients post service requests. Wevenda makes those requests visible to Vendors whose registered service categories and service areas match the request. Client contact information and address are withheld, and Client identity is not displayed, until a Vendor pays a Lead Access Fee to open a direct connection (see §6 and §7).

That is the entire service. The Lead Access Fee buys access to an introduction — it does not buy a job, a contract, a customer, a reply, a sale, revenue, or any outcome whatsoever.

3.2 What Wevenda does not do

We do not and cannot:

verify that a Client will respond, engage, hire anyone, pay anyone, or has the ability or intention to pay for any service;
verify the accuracy, completeness or good faith of anything a Client or Vendor posts, states or represents;
confirm the licensing, certification, registration, bonding, insurance, WSIB coverage, competence, criminal record, immigration status or tax status of any Vendor, except to the limited extent expressly and specifically stated in writing on the Wevenda Services at the relevant time;
guarantee any volume, frequency, quality, exclusivity, conversion rate or monetary value of service requests available to any Vendor;
supervise, inspect, direct or accept responsibility for any work performed, any quote given, any price charged, any schedule kept or any agreement reached between a Client and a Vendor;
act as a payment agent, escrow agent, or party in respect of any payment between a Client and a Vendor for services.

3.3 Meaning of badges, labels and descriptions

Where the Wevenda Services display a badge, label, score, ranking, ordering or descriptive term in relation to a Vendor or a request, that indicator means only what is expressly stated in the accompanying explanation on the Wevenda Services at the time it is displayed, and nothing more.

No badge, label, score, ranking, order of appearance or descriptive term is a recommendation, endorsement, guarantee, warranty or certification by Wevenda of any Vendor, Client, service or request. Absence of a badge does not imply any deficiency. Indicators may be added, changed, withdrawn or redefined at any time without notice.

3.4 Automated moderation

Content posted to the Wevenda Services, including service requests and messages between users, is subject to automated screening, filtering and redaction by algorithmic systems, and may in future also be screened by artificial-intelligence systems (see the Privacy Policy for the systems in use at any time).

You acknowledge and agree that:

automated moderation is not a guarantee of safety, accuracy, legality, quality or good faith, and is necessarily imperfect — it will sometimes fail to detect prohibited content and will sometimes act on content that is permissible;
we may publish, flag, redact, edit, withhold, remove or refuse any content at our sole discretion, with or without notice and with or without reason;
we have no obligation to monitor, screen, moderate or review any content, and our exercise of the ability to do so does not create any duty to do so, nor any liability for content we did not detect or did not act on;
contact details and other identifying information may be automatically redacted from content before publication (see §7).

4. Relationship of the parties — independence of Vendors

Vendors are independent businesses. Nothing in this Agreement, and nothing in the operation of the Wevenda Services, creates any employment, agency, partnership, joint venture, franchise, dependent contractor, or employer–employee relationship between Wevenda and any Vendor, or between Wevenda and any Client.

Each Vendor:

operates its own independent business, at its own risk and expense, under its own name and its own business registration;
exercises sole and complete control over whether, when, where, for whom, on what terms and at what price it offers or performs any service;
is free to accept or decline any request, to use any other platform, source of customers or method of marketing, and to work for any other person at any time, including direct competitors of Wevenda;
supplies its own tools, equipment, materials, vehicles and personnel;
is solely responsible for its own employees, subcontractors and helpers, including their wages, benefits, supervision, safety and statutory entitlements;
is solely responsible for obtaining and maintaining all licences, permits, certifications, registrations, insurance and workers' compensation coverage required by law for its trade and jurisdiction;
is solely responsible for all taxes arising from its business, including income tax, GST/HST, payroll remittances and any other levy.

Wevenda does not set Vendor prices, does not require Vendors to accept any request, does not set Vendor hours, does not provide training in how to perform any trade, does not supply equipment, and does not discipline Vendors for declining work.

5. Prohibited conduct

You agree that you will not, and will not attempt to, and will not permit any person to:

General

violate this Agreement, any Wevenda policy, or any applicable law, regulation, by-law, code or licensing requirement;
provide false, inaccurate, incomplete or misleading information, whether in registration, a request, a quote, a message or a review;
impersonate any person or entity, or misrepresent your identity, qualifications, licensing, insurance, affiliation, or the nature of your business;
create or use multiple accounts to evade limits, bans, pricing, moderation or detection;
use the Wevenda Services if you have previously been suspended or removed.

Content and conduct toward others

post content in inappropriate categories or service areas;
post, offer or solicit anything illegal, stolen, counterfeit, unsafe, obscene, pornographic, hateful, harassing, discriminatory, defamatory, or any escort, prostitution or related adult service;
harass, threaten, stalk, defraud, discriminate against or endanger any user;
collect, store, scrape or use personal information about any user other than as strictly necessary to carry out a transaction contemplated by this Agreement;
post or solicit fake, incentivized, or non-genuine reviews or recommendations.

Platform integrity and revenue protection

Anti-circumvention. The Wevenda Services withhold identifying and contact information until a Vendor opens a paid connection. You must not circumvent, attempt to circumvent, defeat, disable, or assist or encourage any person to circumvent, that boundary or any fee. Without limiting the generality of the foregoing, you must not:

disclose, publish, transmit, embed, solicit, request, invite or encourage the disclosure of any contact or identifying information — including name, business or trade name, personal or business address, service address, phone number, email address, website, social media handle, messaging-application identifier, or any other information that could reasonably be used to identify or contact a person outside the Wevenda Services — before a connection has been opened and paid for in respect of that request;
do so in any form or medium whatsoever, including plain text, altered or obfuscated text, spelled-out or spaced digits, code words, images, photographs, screenshots, business cards, letterhead, signage, vehicle livery, uniforms, documents, attachments, audio, video, drawings, QR codes or barcodes, file names, metadata, EXIF data, usernames, display names, aliases, avatars, profile photographs, logos, profile or business description fields, review text, or any other field, surface or attachment of the Wevenda Services;
arrange, propose, invite or agree to move a conversation, negotiation or transaction off the Wevenda Services before a connection has been opened and paid for, where a purpose or effect is to avoid a fee;
encode, split, misspell, transliterate, substitute characters in, or otherwise obfuscate any such information for the purpose of defeating detection;
exploit, or fail to report, any failure, error or gap in our moderation, redaction, masking or anonymity systems.

For the avoidance of doubt: it is a breach of this Agreement to attempt any of the foregoing, whether or not the attempt succeeds and whether or not any connection or transaction ultimately results. The fact that our automated systems did not detect, redact or prevent a disclosure is not permission, consent or a waiver, and does not make the conduct acceptable.

Genuine use, and no fee farming. You must not:

post a service request that is not a genuine, good-faith request for services that the poster actually intends to obtain;
post service requests, or reply to Vendors, for the purpose of generating, inflating, farming or laundering fees, credits, referral rewards, activity metrics or reviews;
post service requests, or cause them to be posted, for the purpose of causing a competitor to incur a Lead Access Fee, depleting a competitor's credits, or otherwise harming a competitor;
collude with any other user in respect of any of the foregoing.

Other platform integrity obligations. You must not:

use the Wevenda Services to solicit users for any competing platform, or to build, train or populate any competing or derivative product or dataset;
access, copy, index, modify, distribute or extract any content or data from the Wevenda Services using any robot, spider, scraper, crawler, automated agent, AI agent, or other automated means without our prior express written authorization;
use any content or data from the Wevenda Services to train, fine-tune, prompt or evaluate any machine-learning or artificial-intelligence model;
distribute spam, chain letters, pyramid schemes, malware, viruses or other harmful technologies;
impose or attempt to impose an unreasonable load on our infrastructure, or interfere with the proper working of the Wevenda Services;
bypass or attempt to bypass any measure used to prevent or restrict access to the Wevenda Services, including rate limits, security controls and access rules;
reverse engineer, decompile or disassemble any part of the Wevenda Services except to the extent that restriction is prohibited by applicable law.

Consequences of circumvention. In addition to any other remedy in this Agreement, if we determine in our sole discretion that you have breached the anti-circumvention provisions above, we may: remove or redact the content; withhold, delay or decline to publish a request; suspend or terminate any or all of your accounts; forfeit Promotional Credits; refuse to permit further Credit purchases; and charge to your account, and recover from you as a debt due and owing, the Lead Access Fee or Fees that would have been payable in respect of each connection or contact so obtained, together with our reasonable costs of enforcement and collection. You acknowledge that this amount represents a genuine pre-estimate of the value received by you and the revenue lost by us, and is not a penalty.

Restricted and regulated services

Certain services are subject to sector-specific regulation that may restrict or prohibit the payment of referral or lead fees, or that may impose licensing requirements on the person offering them. Without limiting the generality of the foregoing, this may include real estate brokerage, mortgage brokerage, insurance, securities and investment advice, legal services, immigration consulting, health care and regulated health professions, cannabis, firearms, and financial advice.

You are solely responsible for determining whether your participation in the Wevenda Services is permitted by the laws, regulations and professional rules applicable to you, and for complying with them. We may restrict, suspend or prohibit any category of service at any time, for any reason, without notice.

If you offer a regulated service (including real estate or mortgage brokerage, insurance, or any service requiring a professional licence or registration), then each time you purchase Credits or pay a Lead Access Fee you represent and warrant that: (a) you hold, and are in good standing under, every licence, registration and approval required to offer that service where it will be performed; (b) the rules of your regulator, your brokerage and your profession permit you to pay for access to a prospective client's contact information in the manner provided by the Wevenda Services; and (c) you will make any disclosure to the Client that those rules require. If you cannot give those representations, you must not connect to a request in that category. We are not responsible for determining whether a payment is lawful for you, a Lead Access Fee paid in breach of this paragraph is not refundable (§6.4), and you will indemnify us under §14 for any claim, fine or proceeding arising from it.

If we determine, in our sole discretion, that you have breached this Agreement, we may — without limiting any other remedy, and without prior notice — limit, suspend or terminate your account, remove content, cancel connections, forfeit unused promotional credits, withhold refunds, and take technical and legal action against you, including recovery of our costs and damages.

6. Credits, Lead Access Fees, and payment

6.1 Credits are not money

Vendors purchase Credits, which are a limited, revocable, non-exclusive licence to access certain features of the Wevenda Services.

Credits are not currency, not legal tender, not a deposit, not a stored-value or prepaid payment instrument, not a gift card, not a security, not a cryptocurrency, and not property. Credits have no cash value outside the Wevenda Services, are not redeemable for cash except where we expressly state otherwise or where required by applicable law, and are not transferable, sellable, assignable, giftable or inheritable.

Credits issued promotionally (“Promotional Credits”) are provided at our discretion, may carry conditions, may expire, and may be revoked or forfeited at any time, including on suspension, termination, or where we suspect abuse. Promotional Credits are never refundable in cash.

6.2 Lead Access Fee

A Vendor spends Credits to open a direct connection with a Client (the “Lead Access Fee”). The Credit cost of a connection is displayed before the Vendor confirms it.

THE LEAD ACCESS FEE PURCHASES ACCESS TO CONTACT INFORMATION AND A DIRECT COMMUNICATION CHANNEL. IT DOES NOT PURCHASE, AND WEVENDA DOES NOT WARRANT, GUARANTEE OR REPRESENT: THAT THE CLIENT WILL RESPOND; THAT THE CLIENT WILL ENGAGE, HIRE OR PAY ANY VENDOR; THAT THE CLIENT'S INFORMATION IS ACCURATE; THAT THE REQUEST IS GENUINE; THAT ANY WORK WILL RESULT; THAT THE CONNECTION IS EXCLUSIVE OR THAT ANY LIMIT APPLIES TO THE NUMBER OF OTHER VENDORS WHO MAY CONNECT TO THE SAME REQUEST; OR THAT ANY VENDOR WILL RECOVER THE FEE. THE FEE IS EARNED WHEN ACCESS IS GRANTED AND IS NOT CONTINGENT ON ANY OUTCOME. THE FEE IS NON-REFUNDABLE (SEE §6.4).

Vendors acknowledge that lead-generation is inherently speculative, that many connections will not produce work, and that they must assess for themselves whether the Lead Access Fee is commercially sensible for their business.

6.3 Pricing changes

All prices are in Canadian dollars and are exclusive of applicable taxes, unless expressly stated otherwise at the point of purchase. Credit pack prices and Lead Access Fees are set by us and may change at any time. Any rate described as introductory, founding, launch or promotional is expressly temporary and will change.

We will provide 30 days' notice of an increase to the standard Lead Access Fee, by email or in-app notice. Changes do not affect connections already opened. Your continued use after the effective date constitutes acceptance. Prices may vary by service category, geography, demand and other factors.

6.4 No refunds

ALL CREDIT PURCHASES AND ALL LEAD ACCESS FEES ARE FINAL AND NON-REFUNDABLE.

Without limiting the foregoing, a Lead Access Fee is not refundable where:

the Client does not respond, or stops responding;
the Client's information proves to be inaccurate, incomplete or out of date;
the Client engages a different Vendor, or engages no Vendor at all;
the Client's request turns out to be outside your service area, budget, capability, schedule or interest;
any number of other Vendors also connect to the same request;
you change your mind, connect in error, or connect to the wrong request;
you cease using the Wevenda Services, or your account is suspended or terminated for breach of this Agreement.

The Lead Access Fee is earned in full at the moment access is granted. It is consideration for access to information and a communication channel, and is not contingent on any outcome. Vendors acknowledge that lead generation is inherently speculative, that many connections will not result in work, and that they alone bear that commercial risk.

Purchased Credits do not expire. Credits you have paid for remain available in your account for as long as your account remains in good standing, and are not subject to any inactivity, dormancy or time-based forfeiture. Promotional Credits are treated under §6.1 and may expire or be revoked.

Goodwill adjustments. We may, in our sole and absolute discretion, issue a Credit adjustment in circumstances we consider appropriate. Any such adjustment is a gesture of goodwill made without obligation, without admission, and without creating any right, entitlement, course of dealing or precedent, and does not oblige us to make any similar adjustment on any other occasion. Nothing in this paragraph creates a refund entitlement.

Disputes about charges. If you believe you have been charged in error — for example a duplicate charge or a technical failure that prevented access being granted — contact us at support@wevenda.com within 30 days of the charge and we will investigate. This paragraph addresses billing errors, not dissatisfaction with a lead.

This section does not limit any non-waivable right you may have under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer protection legislation. Vendors acknowledge that they use the Wevenda Services for business purposes and are not "consumers" for the purposes of that legislation.

6.5 Payment processing

Payment processing is provided by Stripe and is subject to the Stripe Services Agreement, as modified by Stripe from time to time. By purchasing Credits you agree to be bound by that agreement. You authorize us to share your information and transaction data with Stripe as necessary to process payments.

You agree that we are not responsible or liable for the acts, omissions, errors, outages, security or decisions of Stripe or any other payment processor, bank, card network or financial institution, including declined transactions, holds, chargebacks, fees charged by your own bank, or the security of data held by them.

6.6 Taxes

All prices are in Canadian dollars and are exclusive of applicable taxes unless stated otherwise. Applicable sales taxes (including GST/HST and provincial taxes, and any sales or use tax that applies where you are located) will be calculated and added at checkout. If your card is issued in another currency, your card issuer's exchange rate and fees apply, and we are not responsible for them. You are solely responsible for all taxes arising from your own business and your own transactions with other users, including collecting and remitting any tax on services you provide. We do not provide tax advice.

6.7 Chargebacks

You agree to contact us and attempt to resolve any billing concern before initiating a chargeback. Initiating a chargeback without first doing so is a breach of this Agreement. We may suspend or terminate any account with an outstanding chargeback, forfeit associated Credits, recover the disputed amount and any associated fees as a debt due to us, and provide the payment processor and card issuer with transaction records, communications logs and audit trails in response to any dispute.

7. Anonymity before connection, communications and monitoring

7.1 What is withheld before a connection is opened

The Wevenda Services include a messaging system. Before a connection has been opened and paid for, Clients and Vendors are anonymous to each other. This applies in both directions: Clients are anonymous to Vendors, and Vendors are anonymous to Clients.

Before a connection is opened, each party is represented by a neutral alias.

Withheld. The following are held in records that the other party cannot access, and are released to them only when a connection is opened:

phone numbers, email addresses and websites;
the Client's street address and exact service location — Vendors are shown only an approximate location (accurate to roughly one kilometre) and an approximate distance.

Not displayed. The following are not displayed to the other party in the Wevenda Services before a connection is opened:

real and business names, and trade names;
avatars, profile photographs and business logos;
images, photographs, documents and other attachments.

Contact information detected in the text of requests or messages is automatically removed or altered before it is shown to the other party.

Non-identifying information — such as approximate location and distance, service category and activity on a request — may be shown, so that each party can make an informed choice.

Only a Vendor can open a connection, and only by paying the Lead Access Fee. A Client may send a Vendor a request or invitation to connect; that request is informational only. It does not open a connection, does not disclose any information, and does not oblige the Vendor to connect or the Client to engage the Vendor.

7.2 What is disclosed when a connection is opened

When a Vendor opens a connection, the parties' identifying and contact information is disclosed to each other, including names, avatars and logos, images and documents previously withheld, and contact details. By using the Wevenda Services you consent to that disclosure.

We have no ability to control, restrict, limit or retrieve what the other party does with that information after it has been disclosed. Our Terms prohibit misuse of it, but that is a contractual obligation on the other party, not a technical control by us.

7.3 These are not security guarantees

Aliasing, masking, withholding, non-display and redaction are anti-circumvention and privacy features. They are not security guarantees, and we do not warrant that they are complete or cannot be defeated. In particular, information described in §7.1 as "not displayed" is hidden in the Wevenda Services' interface but is not access-restricted in the same way as information described as "withheld".

You acknowledge and agree that:

automated detection and redaction are imperfect and will not catch every disclosure, particularly disclosures made indirectly, in images, or through descriptive information;
another user may identify you through information you yourself provide, through the content or circumstances of a request, or through sources outside the Wevenda Services;
we do not warrant that your identity, image or contact details cannot be discovered by any user or third party, and we are not liable if they are;
you must not rely on the Wevenda Services for the transmission of sensitive personal, financial, health or confidential information;
you should not include in any request, message, image or attachment any information you would not want disclosed, whether before or after a connection is opened.

7.4 Monitoring

You acknowledge and agree that all content submitted to the Wevenda Services, including messages, images and attachments, may be accessed, screened, scanned, filtered, redacted, stored, reviewed, retained and disclosed by us for the purposes described in this Agreement and in our Privacy Policy — including fraud prevention, moderation, fee-circumvention detection, safety, dispute resolution, service improvement and legal compliance.

Communications sent by us to you for marketing purposes are sent with your consent and include an unsubscribe mechanism. See our Privacy Policy.

8. User content and submissions

You retain ownership of content you submit. By submitting any content — including requests, descriptions, photographs, reviews, ratings, comments, questions, ideas, business information and messages — you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, host, store, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, publicly display and publicly perform that content, in any media now known or later developed, for the purposes of operating, promoting, improving and marketing the Wevenda Services.

You represent and warrant that you own or have all rights necessary to grant this licence, that the content does not infringe any third-party right, and that its use by us will not breach any law or obligation.

You acknowledge that your submissions are non-confidential and non-proprietary and may be shared with our partners and service providers at our discretion. To the fullest extent permitted by law, you waive all moral rights in your submissions.

We take no responsibility and assume no liability for content posted by you or any other user, and we may remove or refuse any content at our sole discretion.

8.1 Reviews and ratings

Reviews must reflect genuine first-hand experience. You must not post, solicit or pay for false, misleading or incentivized reviews, review your own business, or review a competitor. We may remove reviews at our discretion, and we do not undertake to verify any review. Reviews are the opinions of the users who post them, not statements by Wevenda.

8.2 Copyright complaints

If you believe content on the Wevenda Services infringes your copyright, contact legal@wevenda.com with: identification of the work, identification of the allegedly infringing material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement that your notice is accurate. We may remove content and terminate repeat infringers.

9. Obligations specific to Clients

As a Client you agree that:

your request is a genuine, good-faith request for services you actually intend to obtain;
the information you provide is accurate and complete;
you are solely responsible for selecting, vetting, verifying, contracting with, supervising, paying and dealing with any Vendor. Wevenda makes no recommendation and takes no responsibility for your selection;
you will independently satisfy yourself as to each Vendor's licensing, certification, insurance, WSIB coverage, references, quotes, terms and suitability before allowing any work to proceed or any person to enter your property;
any contract for services is solely between you and the Vendor. Wevenda is not a party to it, has no obligations under it, and is not liable for its performance, non-performance, quality, cost, timing, safety or consequences;
you are responsible for the safety and security of your property, persons and possessions when dealing with any Vendor;
payment for services is made directly between you and the Vendor. Wevenda does not hold, escrow, guarantee, insure or process payment for services;
you understand that your identity and contact information will be disclosed to a Vendor when that Vendor opens a connection to your request, and you consent to that disclosure;
you understand that there is no limit on the number of Vendors who may connect to your request, and that multiple Vendors may contact you. You may choose which Vendors to respond to, and you are under no obligation to respond to or engage any of them. You may close or remove your request at any time.

We strongly recommend you verify licensing and insurance directly with the issuing authority, obtain multiple written quotes, and never pay in full in advance.

10. Obligations specific to Vendors

As a Vendor you agree and represent that:

you are an independent business lawfully entitled to offer and perform the services you list;
you hold and will maintain all licences, permits, certifications, registrations, insurance and workers' compensation coverage required by law, and will provide evidence on request; you will immediately cease offering any service for which your authorization lapses;
your listings, qualifications, insurance representations, service areas and business information are accurate, current and not misleading;
you will honour quotes and commitments you make, perform services in a competent and workmanlike manner, and comply with all applicable laws, codes and standards;
you accept the commercial risk of the Lead Access Fee model and have satisfied yourself that it is appropriate for your business;
you will not use Client information obtained through the Wevenda Services for any purpose other than responding to that Client's request — including no marketing, no resale, no transfer to any third party, and no addition to any marketing list — except with that Client's separate express consent obtained in compliance with applicable privacy and anti-spam law;
you are solely responsible for your own compliance with Canada's Anti-Spam Legislation (CASL), PIPEDA and other applicable privacy and marketing law in your dealings with Clients;
you will not circumvent or attempt to circumvent any fee;
you are solely responsible for your own taxes, business registration, and employment obligations toward your own personnel.

No guarantee of volume, exclusivity or outcome. We make no representation as to the number, frequency, quality, category, geography or value of requests that will be available to you. Connections are not exclusive: any number of other Vendors may connect to the same request, and we do not limit how many Vendors may do so. Any historical figures, examples, forecasts, estimates or averages we provide are illustrative only and are not a promise of results.

11. Disputes between users

Wevenda is not a party to any dispute between a Client and a Vendor and has no obligation to become involved.

You release Wevenda and its affiliates, directors, officers, employees, contractors and agents from any and all claims, demands, damages and liabilities of every kind, known and unknown, arising out of or in any way connected with any dispute between you and any other user, including the quality, timeliness, safety, legality, cost, non-performance or consequences of any service.

If we choose to assist in resolving a dispute, we do so at our discretion, without obligation, without assuming any duty, and without liability. Any decision we make is not an adjudication and does not affect your rights against the other user.

12. Disclaimers

THE WEVENDA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

To the fullest extent permitted by applicable law, we disclaim all express and implied warranties, terms, conditions and representations, including implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose, title and non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that: the Wevenda Services will be uninterrupted, timely, secure, error-free or free of viruses; any defect will be corrected; any content, listing, price, estimate, description, review, rating or availability is accurate, complete, current or reliable; any request is genuine; any Vendor is qualified, licensed, insured, solvent, safe or honest; any Client will respond, engage or pay; or that any result will be achieved.

YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEVENDA SERVICES, AND ENGAGE WITH OTHER USERS, ENTIRELY AT YOUR OWN RISK, AND THAT YOU FULLY UNDERSTAND AND FREELY ACCEPT THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ENGAGING A SERVICE PROVIDER OR PERFORMING SERVICES FOR ANOTHER PERSON — INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, THEFT, FINANCIAL LOSS, DEFECTIVE OR UNSAFE WORK, AND ANY OTHER LOSS, CLAIM, INJURY OR HARM.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the above exclusions apply to the maximum extent permitted, and nothing in this Agreement limits any right that cannot lawfully be limited.

13. Limitation of liability

To the fullest extent permitted by applicable law, we are not liable — and you agree not to hold us responsible — for any damages or losses of any kind, including loss of money, profits, revenue, business, opportunity, data, goodwill or reputation, and including indirect, incidental, special, punitive, aggravated, exemplary or consequential damages, arising directly or indirectly from:

content you or any other user provides;
your use of, or inability to use, the Wevenda Services;
any act, omission, conduct, service, work, quote, representation, default, negligence, misconduct or criminal act of any Client, Vendor or other user, whether on or off the platform;
any Client's failure to respond, engage, hire or pay, and any failure by a Vendor to recover any Lead Access Fee;
any request that proves to be inaccurate, incomplete, fraudulent or not genuine;
our moderation decisions, including content we did or did not detect, publish, flag, redact or remove;
delays, disruptions, outages, bugs, defects or security incidents;
viruses or malicious software obtained through the Wevenda Services;
loss of or damage to your device or data;
suspension, restriction or termination of your account, or forfeiture of Promotional Credits;
the visibility, ranking, ordering or timing of any listing or request;
changes to this Agreement, our policies, our pricing, or the Wevenda Services;
any third-party service, site, processor or provider, including Stripe.

If, despite the foregoing, we are found liable for any loss or damage arising out of or in any way connected with this Agreement or the Wevenda Services, our total aggregate liability to you for all claims will not exceed the greater of (a) the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) One Hundred Canadian Dollars (CDN $100).

These limitations apply regardless of the theory of liability — contract, tort (including negligence), strict liability, statute or otherwise — and apply even if we have been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the fullest extent permitted by law.

These limitations are a fundamental basis of the bargain between you and us, and the Wevenda Services would not be provided without them.

14. Indemnification

You agree to indemnify, defend and hold harmless Wevenda and its affiliates and their respective directors, officers, employees, contractors and agents from and against any and all claims, causes of action, demands, investigations, proceedings, recoveries, losses, damages, fines, penalties, judgments, settlements, costs and expenses of any kind — including reasonable legal fees on a full indemnity basis — arising out of or relating to:

your breach of this Agreement or any Wevenda policy;
your violation of any law, regulation, licensing requirement or third-party right;
your use of the Wevenda Services;
any content you submit;
any service you offer, perform, receive or pay for, and any dispute between you and any other user;
any misrepresentation by you, including as to your licensing, insurance, qualifications or identity;
any claim that you are or were an employee, dependent contractor or agent of Wevenda, or any claim arising from your own personnel.

We reserve the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate. You will not settle any matter affecting us without our prior written consent.

15. Dispute resolution

15.1 Informal resolution first

Before commencing any proceeding, you agree to contact us at legal@wevenda.com with a written description of the dispute and the relief sought, and to attempt in good faith to resolve it for 30 days.

15.2 Consumers

If you are a "consumer" within the meaning of the Consumer Protection Act, 2002 (Ontario) or equivalent legislation in your province, nothing in this Agreement restricts your right to commence or participate in a proceeding in a court of competent jurisdiction, including a class proceeding, in respect of any non-waivable statutory right.

15.3 Vendors and other commercial users

If you use the Wevenda Services for business or commercial purposes — including every Vendor — then, to the fullest extent permitted by law, any dispute, claim or controversy arising out of or relating to this Agreement or the Wevenda Services (a “Dispute”) will be resolved by final and binding arbitration under the Arbitration Rules of the ADR Institute of Canada, before a single arbitrator, in English. The seat of arbitration is Toronto, Ontario, and hearings will be held by video conference unless the arbitrator orders otherwise. You pay a filing fee no greater than the fee to commence a claim in the Small Claims Court of Ontario; we pay all other administrative and arbitrator fees, and each party bears its own legal costs unless the arbitrator orders otherwise.

You and Wevenda each waive the right to a trial by jury and the right to participate as a plaintiff, representative or class member in any class, collective, consolidated or representative proceeding. Unless both parties agree in writing, the arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of intellectual property rights, or breach of the anti-circumvention provisions of §5.

If this paragraph is held unenforceable in whole, this §15.3 will be deemed void and Disputes will be resolved under §15.4.

15.4 Governing law and forum

This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-laws principles. Except where §15.2 or §15.3 provides otherwise, you irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.

15.5 Time limit

To the fullest extent permitted by law, any claim arising out of or relating to this Agreement or the Wevenda Services must be commenced within one (1) year after the claim arose, failing which it is permanently barred.

16. Suspension and termination

We may, in our sole discretion and without liability to you, with or without cause and with or without notice, at any time: suspend, restrict or terminate your access to the Wevenda Services; deactivate or delete your account; remove any content; cancel pending connections; and forfeit Promotional Credits.

You may close your account at any time in the app, under Settings → Privacy & Security → Delete account, or by contacting support@wevenda.com.

On termination: your licence to use the Wevenda Services ends immediately; you remain liable for all amounts owing; Promotional Credits are forfeited without compensation; purchased Credits are handled in accordance with §6.4; and we may retain records as described in our Privacy Policy and as required by law.

Sections 3, 4, 5, 6.1, 6.2, 6.7, 7, 8, 11, 12, 13, 14, 15, 16, 17 and 18 survive termination.

17. Changes to the Wevenda Services and this Agreement

We may modify, suspend or discontinue any part of the Wevenda Services at any time, with or without notice.

We may change this Agreement at any time. We will post the revised version with an updated "Last updated" date and, for material changes, provide 30 days' notice by email or in-app notice. Your continued use after the effective date constitutes acceptance. If you do not agree, your sole remedy is to stop using the Wevenda Services and close your account.

18. General

Entire agreement. This Agreement, together with the Privacy Policy and any policies referenced in it, is the entire agreement between you and us regarding the Wevenda Services and supersedes all prior communications and proposals.

Severability. If any provision is held invalid or unenforceable, it is severed and the remainder continues in full force.

No waiver. Our failure or delay in exercising any right is not a waiver of it, and no acceptance of payment waives any provision.

Assignment. You may not assign this Agreement without our written consent. We may assign it, including in connection with a merger, acquisition, reorganization or sale of assets, and will post notice on the Wevenda Services.

No third-party beneficiaries, except as expressly stated in §19.

Relationship. No agency, partnership, joint venture, employment or franchise relationship is created by this Agreement.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, epidemic, war, terrorism, labour disruption, utility or telecommunications failure, cyberattack, or the act or omission of any third-party provider.

Notices. We may give notice by email to the address on your account, by in-app notice, or by posting on the Wevenda Services. Notices to us must be sent to legal@wevenda.com.

Headings are for reference only.

Language. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.

Export and sanctions. You represent that you are not located in, or a national or resident of, any jurisdiction subject to Canadian or United States sanctions, and are not on any restricted-party list.

19. Mobile applications and app stores

Your use of the Wevenda mobile applications is also subject to the applicable app store's terms.

Apple. This Agreement is between you and Wevenda only, not Apple. Apple has no obligation to furnish maintenance or support. Apple is not responsible for any claim relating to the app, including product liability, failure to conform to any legal requirement, or claims under consumer protection or privacy legislation. Apple is not responsible for investigating, defending, settling or discharging any third-party intellectual property claim. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you. You represent that you are not located in a jurisdiction subject to a Canadian embargo and are not on a prohibited-party list. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.

Google. Your use is subject to the Google Play Terms of Service. Google is not a party to this Agreement and has no responsibility for the app.

Store licence. We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the application on a device you own or control, solely for your personal or internal business use and in accordance with this Agreement.

20. Accessibility

We are committed to accessibility in accordance with the Accessibility for Ontarians with Disabilities Act, 2005. To request content in an accessible format or to provide feedback on accessibility, contact support@wevenda.com.

21. Contact

Climbware Corporation
Ontario, Canada

General support: support@wevenda.com
Legal notices: legal@wevenda.com